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2/11/2005 4:26:37 PM
Home School Legal Defense Association
Hawaii--Calls Needed to Stop Daytime Curfew Bill

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From the HSLDA E-lert Service...
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February 11, 2005


Hawaii--Calls Needed to Stop Daytime Curfew Bill


Dear HSLDA members and friends:

A bill has been introduced in both the House and the Senate which
would prohibit a minor of compulsory attendance age from being in any
public place from the hours of 8:30 a.m. to 1:30 p.m. This legislation
undermines the freedom and liberty we enjoy in the United States.

No other state in the nation has enacted a state-wide curfew! If this
law passes Hawaii will be the first state to enact such a draconian
statute.

While this bill provides for certain exclusions, including
homeschooling, there is no way for police or truancy officers to know
who is exempt from the curfew. All school age children who are out in
public between 8:30 a.m. and 1:30 p.m. could be stopped and questioned
by the police.

Your children could be taken to the local police station to verify who
they are and that they have a valid excuse to be in a public place.
You would have less freedom to send your 17 year-old daughter to pick
up some groceries or let your 16 year-old son go to music lessons
across town.

The Senate version of the bill is scheduled to be heard in the
Education Committee on Monday, February 14th at 1:15 p.m. No hearing
has been scheduled yet for the House version of the bill. Please call
now to oppose House Bill 226 and Senate Bill 1014 and help stop this
legislation which limits your freedom in Hawaii!


ACTION REQUESTED

1) Please call all the Senate Education Committee members listed below
immediately and give them this message:

"Please oppose Senate Bill 1014. Enacting a daytime curfew assumes
that a child is guilty until proven innocent and those with a legal
excuse to be in public between 8:30 a.m. and 1:30 p.m. are not
protected from being questioned, detained, or held in custody until
their innocence is proven. Studies show that daytime curfews do not
prevent juvenile crime."

You do not need to identify yourself as a homeschooler.

Senate Education Committee:

Chairman
Senator Norman Sakamoto
Phone 808-586-8585
e-mail sensakamoto@Capitol.hawaii.gov

Vice-Chair
Senator Gary L. Hooser
Phone 808-586-6030
From Kauai, toll free 274-3141 + 66030
E-mail senhooser@Capitol.hawaii.gov

Senator Suzanne Chun Oakland
Phone 808-586-6130
e-mail senchunoakland@Capitol.hawaii.gov

Senator Clarence K. Nishihara
Phone 808-586-6970
e-mail sennishihara@Capitol.hawaii.gov

Senator Shan S. Tsutsui
Phone 808-586-7344
From Maui, toll free 984-2400 + 67344
e-mail sentsutsui@Capitol.hawaii.gov

Senator Bob Hogue
Phone 808-587-7215
E-mail senhogue@Capitol.hawaii.gov

2) Please call the House Education Committee members listed below and
give them this message:

"Please oppose House Bill 226. Enacting a daytime curfew assumes that
a child is guilty until proven innocent and those with a legal excuse
to be in public between 8:30 a.m. and 1:30 p.m. are not protected from
being questioned, detained, or held in custody until their innocence
is proven. Studies show that daytime curfews do not prevent juvenile
crime."

You do not need to identify yourself as a homeschooler.

House Education Committee:

Committee Chairman
Representative Roy M. Takumi
Phone 808-586-6170
E-mail reptakumi@Capitol.hawaii.gov

Vice Chairman
Representative Lyla Berg, PH.D.
Phone 808-586-6510
E-mail repberg@Capitol.hawaii.gov

Representative Dennis A. Arakaki
Phone 808-586-6050
E-mail reparakaki@Capitol.hawaii.gov

Representative Rida T.R. Cabanilla
Phone 808-586-6080
E-mail repcabanilla@Capitol.hawaii.gov

Representative Jerry L. Chang
Phone 808-586-6120
From the Big Island,
toll free 974-4000 + 66120
e-mail repchang@Capitol.hawaii.gov

Representative Josh Green, M.D.
Phone 808-586-9605
From the Big Island,
toll free 974-4000 + 69605
E-mail repgreen@Capitol.hawaii.gov

Representative Helene H. Hale
Phone 808-586-6530
From the Big Island,
toll free 974-4000 + 66530
E-mail rephale@Capitol.hawaii.gov

Representative Michael Puamamo Kahikina
Phone 808-586-8465; fax 808-586-8469
E-mail repkahikina@Capitol.hawaii.gov

Representative Maile S. L. Shimabukuro
Phone 808-586-8460
E-mail repshimabukuro@Capitol.hawaii.gov

Representative Tommy Waters
Phone 808-586-9450
E-mail repwaters@Capitol.hawaii.gov

Representative Corinne W.L. Ching
Phone 808-586-9415
E-mail repching@Capitol.hawaii.gov

Representative Lynn Finnegan
Honolulu, HI 96813
Phone 808-586-9470
E-mail repfinnegan@Capitol.hawaii.gov


BACKGROUND

- Daytime curfews violate a minor's fundamental constitutional right
to freedom of movement as guaranteed by the Fourteenth Amendment on
the public streets, highways and areas of the city without being
subjected to prior governmental restraint.

- Daytime curfews violate the fundamental legal principle of the
presumption of innocence. This presumption is protected by the Due
Process Clause of the Fourteenth and Fifth Amendments to the United
States Constitution.

- Daytime curfews result in violations of the minors' Fourth Amendment
rights to be secure against unreasonable searches and seizures. A
policeman should not stop and question anyone unless there are actual
facts that make it reasonable to suspect that a crime has occurred. If
a policeman stops and questions a person without such facts, it is a
violation of the citizen's rights under the Fourth Amendment.

- Daytime curfews interfere with the parents' fundamental right to
direct the upbringing and education of their children, especially for
parents with children in small private schools who often work outside
the classroom.

- Daytime curfews are, in essence, beefed-up truancy ordinances. All
states have already addressed the area of truancy in a comprehensive
way. There is no need for new laws addressing the issue of truancy.
The present laws addressing minors simply need to be enforced.

- Daytime curfews will result in selective enforcement. Since officers
will not be stopping every juvenile during school hours to check their
ID, they will be selective. This opens up the extremely dangerous
potential for unequal treatment of minors based upon race, appearance,
dress, etc. This type of ordinance will simply divert attention from
real crime prevention programs and interfere with effective police
work.

- There is no evidence that daytime curfews significantly reduce
juvenile crime during curfew hours. Statistics demonstrate that there
is very little juvenile crime during these hours even when there is no
daytime curfew. Additionally, the serious juvenile law-breaker will
not be deterred by the daytime curfew. However, hundreds, if not
thousands of innocent minors will suffer the inconvenience of
unwarranted stops, detentions and harassment, not to mention the added
cost for taxpayers for the enforcement of the curfew.

- Daytime curfews dangerously train young citizens to accept, as
normal, constraints that are inconsistent with the freedom they should
be educated to enjoy and use responsibly in their adult years.

- Daytime curfews send a message to self-disciplined and responsible
young people that the community makes no distinction between them and
irresponsible adults who abuse freedom in ways detrimental to the
community.

- Daytime curfews will likely result in registration of privately
educated students with police departments with the attendant issuance
of ID cards and badges.

For more information on daytime curfews, please see our
analysis of this issue at http://www.hslda.org/elink.asp?ID=2102 .

Sincerely,


Thomas Schmidt
HSLDA Staff Attorney


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